USE OF REGULATORY IMPACT ANALYSIS IN THE EU NEGOTIATIONS

4. RECOMMENDATIONS 2.THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 1. EXISTING STATUS IN THE NEGOTIATION PROCESS a. EU Financial and Technical Assistance Programmes b. Preparing Status Documents and Demanding Transition Periods c. Prioritizing and Dating the Legislative Alignment d. Prioritizing the Cost 3. THE DIFFERENCES OF IMPLEMENTING DEA DURING EU NEGOTIATIONS

EXISTING STATUS IN NEGOTIATION PROCESS Chapters Opened and Temporarily Closed Chapters we were invited to deliver Negotiation Status and we submitted Negotiation Status Chapters approved in Council and whose opening criteria stated Chapters whose EndDraft Review Reports have not yet been submitted to Turkey Chapters still being discussed in Council Chapters still being discussed in Commission 25th Science and Research (Austria: 12 June2006) 17. Economic and Monetary Policy (MPB: 9 March 2007) 26. Education and Culture (MPB: 25 May 2006) 1. Free Movement of Goods (Cyprus opening criterion) 3. Right of Establisment and Freedom to Provide Services (Cyprus Opening Criterion) 5. Public Procurement 8. Competition Policy 9. Financial Services (Cyprus opening criterion) 11. Agriculture and Rural Development (Cyprus Opening Criterion) 12.Food Safety, Veterinary and Phytosanitary 16. Taxation 19. Social Policy and Employment 27. Environment 29. Customs Union (Cyprus Opening Criterion) 2. Free movement of Laborers 13. Fisheries 14. Transportation Policy (Cyprus opening criterion) 15. Energy 22. Regional Policy and Coordination of Structural Tools 23. Judiciary and Fundamental Rights 24. Justice, Freedom and Security 33. Financial and Budgetary Provisions 30. Foreign Relations (Cyprus Opening Criterion) 31. Foreign, Security and Defence Policy Açılan Fasıllar 4. Free Movement of Capital(France: 18 December 2008) 6. Corporate Law(Slovenia: 12 June Law on Intellectual Property(Slovenia: 12 June Information Society and Media (France: 18 December 2008) 18. Statistics (Germany: 26 June 2007) 20. Enterprise and Industrial Policy (Germany: 28 February 2007) 21. Trans – European Networks (Portugal: 19 December 2007) 28.Protection of Consumer and Consumer Health (Portugal: 19 December 2007) 32.Financial Control (Germany: 26 June2007)

EXISTING STATUS IN NEGOTIATION PROCESS OVERRVIEW OF CLOSING CRITERIA Chapter NameNumber of Closing Criteria Science and Research- + 1 Enterprise and Industrial Policies1 + 1 Financial Control6 + 1 Statistics2 + 1 Protection of Consumer and Consumer Health5 + 1 Trans – European Networks1 + 1 Free Movement of Capital4 + 1 Law on Intellectual Property4 + 1 Corporate Law5 + 1 Information Society and Media4 + 1 Number of Closing Criteria in total

EXISTING STATUS IN NEGOTIATION PROCESS OVERVIEW OF OPENING CRITERIA Chapter NameNumber of Opening Criteria Free movement of Goods- + 1 Right of Establishment and Freedom to Provide Services- + 1 Public Procurement3 Competition Policy6 Financial Services- + 1 Agriculture and Rural Development- + 1 Food Safety, Veterinary and Phytosanitary6 Taxation1 Social Policy and Employment2 Environment2 Customs Union- + 1 Number of Opening Criteria in total20 + 5

EXISTING STATUS IN NEGOTIATION PROCESS CLOSING CRITERIA that may require carrying out RIA Chapter NameOpening Criteria Responsible Instıtution 4. Free Movement of Capital Turkey provides an Action Plan, relating to natural and legal persons in EU member countries owning immovable property, including concrete measures and a time schedule oriented to gradual liberalization of owning of immovable properties by foreigners within the framework of EU acquis. Undersecretariat of Treasury… 20. Enterprise and Industrial Policy Providing a comprehensive and updated industrial policy strategy aiming at strengthening the competitiveness of Turkish industry. This strategy; should handle all the main sectors of industry in certain details including shipbuilding, railway and food industry in addition to the ones involved in 2003 Indusrial Strategy, should evaluate the previous policy performance comprehensively and should be based on an integrated analysis of competitiveness of related industries, should enable an improved policy coordination and harmony and should orient to a better possession of policy and improvement in implementation of policy. Ministry of Industry and Trade

EXISTING STATUS IN NEGOTIATION PROCESS OPENING CRITERIA that may require carrying out RIA Chapter NameOpening Criteria Responsible Institutions 1. Free Movement of Goods Excluding motor vehicles… A plan should be prepared on removing import permits related to motor vehicles and be submitted to the Commission. Undersecretariat of Foreign Trade 5. Public Procurement To fully establish the legislative alignment relating to the public procurement and to submit a comprehensiand strategy to the Commission on forming the necessary administrative capacity including the calender and stages. Ministry of Finance 11. Agriculture and Rural Development Turkey will submit a strategy to the Commission on how land identification and National Farmer Registry System is considered to be developped from the perspective of preparation to controls on agricultural lands. Ministry of Agriculture and Rural Affairs 16. Taxation A plan agrreed upon with the Commission should be prepared and submitted to the Commission involving taking concrete steps to reduce the discriminatory taxation oriented to alcoholic products, imported products and impord cigarettes significantly and clear stages to quickly lifting the discriminatory taxes left. Ministry of Finance

THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 1) EU Financial and Technical Assistance Programmes a)Pre-Accession Financial Coopration Assistance Instrument (IPA) Ex: Capacity Building of Turkey on Strengthening the Water Quality Monitoring Project b)Support for European Integration Programme (SEI) c)Twinning Integrated Administration and Control System (IACS) and Land Parcel Identification System (LPIS) in Turkey Tagging and Vaccination of Sheep and Goats

THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 2) Preparing Status Documents and Demanding Transition Periods Ex: Free Movement of Capital (12 December 2008) A 12-year transition period to be revised every four years is demanded for the issue of foreigners owning immovable properties. The Reaction of the European Commission: How is “immovable” defined in your law texts? What is the basis for technical, economic and social justifications involved in status document? What is the reason for the demand for 12-year transition period? Why is revision needed every four years?

THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 2) Preparing Status Documents and Demanding Transition Periods Ex: Law on Intellectual Property (12 June 2008) Human Medications and Plant Protection Products>Additional Protection Certificates Ex: Free Movement of Goods Preparing an action plan related to lifting of import permits oriented to motor vehicles Ex: Environment Integrated Pollution prevention and control Waste water treatment plants Volatile organic substance emissions resulting from fuel oil storage and distribution systems Ex: Food Safety, Veterinary and Phytosanitary Red meat, poultry meat, fishery enterprises and enterprises processing milk and dairy products

THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 3) Prioritizing and Dating the Legislative Alignment short+ mid term primary+ secondary arrangement 422 short+ mid term Legal arrangement 127 short+ mid term Secondary arrangement 295 Short term Legal arrangement 94

THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS NoEU legislation in forceDraft Turkish Legislation Responsible Insitution Date of publication 1 Directives no. 92/43/EEC and 79/409/EEC Law on Nature and Biodiversity Protection Ministry of Environment and Forestry After Directives no. 98/81/EC and 2001/18/EC Regulation no 1946/2003 Law on Biosafety Ministry of Agriculture and Rural Affairs Regulations no. 338/97 and 865/2006 Amendment in Regulation on Implementing the Convention on International Trading of Endangered Wild Animals and Plant Types Ministry of Environment and Forestry Regulation no. 3254/91 Regulation on ban on use of traps capturing legs and goods produced from the hides of animals which are obtained from traps capturing legs. Ministry of Environment and Forestry 2010 Sub Priority Nature Protection and Genetically Modified Organisms 1 Legislative Alignment Calender Table ) Prioritizing and Dating the Legislative Alignment

THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS Primary arrangements that may require carrying out RIA when possible economic, social and environmental impacts are considered. 3) Prioritizing and Dating the Legislative Alignment Chapter NameEU legislation in forceDraft Turkish LegislationResponsible Insitution Date of publication 3 Right of Establishment and Freedom to provide services Directives no. 97/67/EC, 2002/39/AT and 2008/6/EC Law on Regulation of Mail Services Ministry of Transportation public procurementDirective no. 2004/18 /ECLaw on Public Procurement Ministry of Finance Department of Public Procurement Corporate Law Directives no. 68/151/EEC, 2003/58/EC, 77/91/EEC, 78/855/EEC, 82/891/EEC, 89/667/EEC, 78/660/EEC, 83/349/EEC, 2006/43/EC and 2007/36/EC Regulation no.1606/2002 Turkish Trade LawMinistry of Justice Law on Competition Articles 87 – 89 of EC Agreement, Regulation no.659/1999 Law on State Aid Body which will involve the authority to monitor and audit the state aid Food Safety, Veterinary and Phytosanitary Regulation no.178/2002, 852/2004, 853/2004, 854/2004, 882/2004 and 183/2005 andteriner Hizmetleri, Food and Feed Law Ministry of Agriculture and Rural Affairs 2009

THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS Primary arrangements that may require carrying out RIA when possible economic, social and environmental impacts are considered. 3) Prioritizing and Dating the Legislative Alignment Chapter NameEU legislation in forceDraft Turkish LegislationResponsible Insitution Date of publication 15 Energy Directives no 2003/55/AT and 2004/67/AT Law on Change in Natural Gas Market Ministry of Energy and Natural Resources Social Policy andEnvironment ILO Conventions no 87 and 98 European Social Charter Law on Amendment in Unions Law no 2821, Collective Labour Agreement no 2822, Law on Strike and Lock out Ministry of Labour and Social Security Social Policy andEnvironment ILO Conventions no 87, 98 and 151 European Social Charter Law on Amendment in Law on Unions of Civil Servants no 4688 Ministry of Labour and Social Security Department of State Personnel Judiciary and Fundamental Rights Regulations no 4253/88, 2988/95, 2064/97 and 1267/1999 Court of Accounts LawCourt of Accounts Environment Directives no 98/81/AT and 2001/18/AT Regulation no 1946/2003 Biosafety Law Ministry of Agriculture and Rural Affairs

THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 4) Prioritizing Costs The costs of Arrangements on State Budget Cost of Arrangements to the Business World Cost of Arrangements to Consumers (Public) The total cost of the acquis to be aligned with to state budget Impact of financial burden on budget figures in short and mid terms Financial resources EU may provide SMES’s problems to finance the costs that will result from the new arrangements in short term period Direct costs of arrangements to consumers or transfer costs

THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 4) Prioritizing Costs

DIFFERENCES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS TIME LIMIT– THE OBLIGATION OF TRANSPOSING THE EU ACQUIS LAWS INTO DOMESTIC LAW

RECOMMENDATIONS National RIA guideline should be in line with EU RIA guideline. All the institutions implementing RIA should prepare RIA report in line with the same principles Reviewing RIA’s implemented by other candidate countries and new member countries in similar situations Paying attention to principle of Proportionality o Prioritizing> RIA or Pre-RIA Monitoring the implementation of arrangements aligned, changing the way of implementation if necessary (second best alternative)

THANK YOU… Devrim KODAKCI